The European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002

Circumstances in which an adaptation period or an aptitude test may be required – Diploma

19.—(1) In a case falling within Regulation 11 other than one in which a migrant’s claim for recognition depends upon his ability to meet the requirements of paragraph 1(c) of Schedule 4, a designated authority may only (and subject to paragraph (2)) apply to the migrant a requirement to complete an adaptation period or to take an aptitude test if either—

(a) although the fields of activity of the profession in the relevant State in which the migrant obtained his qualification and in the United Kingdom are broadly comparable, the education and training relating to theoretical, or practical, or theoretical and practical matters received by the migrant differs substantially in coverage from that which is evidenced by the required UK Diploma; or

(b) in a case in which the migrant meets the requirements of paragraph 1(a) or (b) of Schedule 4, one or more of the regulated professional activities which form the profession in the United Kingdom is or are not included in the regulated profession in the relevant State in which the migrant obtained his qualification and the omission is reflected in substantial differences in education and training in relation to theoretical, or practical, or theoretical and practical matters evidenced by the Diploma held by the migrant on the one hand and the required UK Diploma on the other; or

(c) in any other case, one or more of the regulated professional activities which form the profession in the United Kingdom is or are not included in the profession in the relevant State in which the migrant obtained his qualification and the omission is reflected in substantial differences in education and training in relation to theoretical, or practical, or theoretical and practical matters of which evidence is held by the migrant on the one hand and evidenced by the required UK Diploma on the other.

(2) If a designated authority intends to require the migrant to complete an adaptation period or take an aptitude test in circumstances mentioned in paragraph (1) it must first examine whether the knowledge acquired by the migrant in the course of his professional experience is such that it fully or partly covers the substantial differences referred to in—

(a) paragraph 1(a) or 1(b); or

(b) paragraph 1(a) or 1(c),

as the case may be.

(3) In a case falling within Regulation 11 and in which a migrant’s claim to recognition of his right to practise depends upon his ability to meet the requirements of paragraph 1(c) of Schedule 4, a designated authority may (subject to paragraph (4)) apply to the migrant a requirement to complete an adaptation period or to take an aptitude test.

(4) If a designated authority intends to require the migrant to complete an adaptation period or take an aptitude test in circumstances mentioned in paragraph (3) it must first examine whether the knowledge acquired by the migrant in the course of his professional experience is such that it fully or partly covers the substantial difference between the Second General System Diploma and the Certificate.